City of Mayville v. Rosing
North Dakota Supreme Court
Appeal from District Court, Traill County; Pollock, Judge. Action by the City of Mayville against C. A. Rosing. Judgment for plaintiff, and defendant appeals. To constitute a new building there must be a substantial addition of material parts. Miller v. Hershey, 59 Pa. St. 64; Driesbach v. Kellar, 2 Barr. 79; Landis’ Appeal, 10 Barr. 379; Armstrong v. Ware, 20 Pa.
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Appeal from District Court, Traill County; Pollock, Judge. Action by the City of Mayville against C. A. Rosing. Judgment for plaintiff, and defendant appeals. To constitute a new building there must be a substantial addition of material parts. Miller v. Hershey, 59 Pa. St. 64; Driesbach v. Kellar, 2 Barr. 79; Landis’ Appeal, 10 Barr. 379; Armstrong v. Ware, 20 Pa. St. 519, 8 Harris, 519; Combs v. Lippincott, 35 N. J. L. 481; City Council v. L. & N. R. Co. (Ala.), 4 So. 626; Booth v. State, 4 Conn. 65; Tuttle v. State, 4 Conn. 68; Kaufmann v. Stein, 37 N. E. 333; 13 Am. & Eng. Encycl. of Law…
1Opinion of the CourtMorgan, C. J.
The defendant was convicted of violating a city ordinance declaring it unlawful for any person “to construct any wooden building within such limits” (fire limits), and further declaring that “all buildings hereafter erected therein shall be built of brick, stone or other fireproof material,” and has appealed from a judgment against him imposing a fine of $100 for a violation of such ordinance and costs, and said judgment further provided that the defendant should be imprisoned until such fine was paid, as provided by statute in cases of nonpayment of fines. Before the enactment of this…
2Cases cited8 opinions
- Miller v. HersheySupreme Court of Pennsylvania · 1868
- City Council of Montgomery v. Louisville & Nashville R. R.Supreme Court of Alabama · 1887
- Armstrong v. WareSupreme Court of Pennsylvania · 1853
- In re HowettSupreme Court of Pennsylvania · 1849
- Booth v. StateSupreme Court of Connecticut · 1821
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lucke v. LuckeNorth Dakota Supreme Court · 1980
- Skoog v. City of Grand ForksNorth Dakota Supreme Court · 1981
- Board of Com'rs of Guadalupe County v. StateNew Mexico Supreme Court · 1939
- Russell v. City of FargoNorth Dakota Supreme Court · 1914
- Bryant v. Board of ExaminersMontana Supreme Court · 1956
2 more not listed; retrieve them via the Exa API.